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Women Partners Say They’re Still Forced into Support Roles at Firms #ABAChicago

Posted Jul 30, 2009 2:27 PM CST
By Rachel M. Zahorsky

While some law firms are leading the charge to promote women and minority partners to management positions, others remain dominated by the "white man’s voice," and gender bias that keep these lawyers out of compensation discussions and away from origination credit, Pfizer Inc. general counsel Amy Schulman said today at the 2009 ABA Annual Meeting in Chicago.

A panel of general counsel, law firm managing partners, and industry insiders discussed, and sometimes sparred, on this issue at a session titled " 'The Credit Crisis': How Compensation Practices Adversely Affect the Advancement of Women and Minorities in the Law, and How We Must Change Them."

“We need to recognize and validate those other voices,” Schulman said. “Pfizer does most work on a flat-fee rather than hourly basis, which changes the model that rewards hours.” Twice as many male lawyers with children work 60-plus hours a week as female lawyers, and women lawyers are only 50 percent as likely to be married to a homemaker as men, according to a recent study by the ABA Commission on Women in the Profession.

Schulman also dismissed the notion that origination, a top factor for law firm bonuses that is often awarded to dominant male partners, is important to clients. “We are completely unconcerned with origination and much more concerned with who connects us,” she said. “Lawyers who are needlessly possessive are obvious to us and very limiting.”

Hunton & Williams and Reed Smith have both moved away from placing emphasis on origination credit in recent years, their managing partners—Walfrido Martinez and Gregory Jordan, respectively—told the panel.

The gender gap between women lawyers and their male counterparts is more than $140,000 at firms with high hourly requirements and $51,000 at firms with lower hourly thresholds, said Joan Williams, director of the Center for Worklife Law at the University of California Hastings College of Law, citing the study. Women and minority lawyers also face the double whammy of high billing requirements and taking on undervalued, nonbillable activities that often land on their doorsteps, such as running summer associate programs, diversity initiatives and associate development, Williams said. Female partners who demand more substantive management roles often receive negative feedback from male clients and within the firm, Williams added. Whereas those who willingly embrace traditional supporting roles, which she calls the "mother, princess, pet" tasks, are praised.

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Comments

1.

B. McLeod
Jul 30, 2009 5:37 PM CST

“Schulman also dismissed the notion that origination, a top factor for law firm bonuses that is often awarded to dominant male partners, is important to clients.”  Granted.  On the other hand, it is highly important to the firms.  Lawyers who can do it are going to be paid more than lawyers who can’t.  All the grand “connecting” and cross-marketing skills (and even the substantive legal skills) only count when somebody has managed to get the client in the door.

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2.

Hadley V. Baxendale
Jul 31, 2009 5:52 AM CST

Could it be…the attorneys assigned to non-substantive tasks are those who are not getting enough work b/c the partners who assign the work lack confidence in them? Perhaps the underqualified are not keeping up but it would be bad politics to fire them?
Maybe the women would rather take on the non-substantive work b/c it fits better into their lifestyle—no sudden trips out of town for 3 days, no all-nighters?
By the same token, don’t the women often choose—indeed, demand the option—to work fewer hours for lower pay? Until you take them out of your data, you conclusion is flawed.
And don’t the women/minorities want to be on the “diversity initiative” committees? Shouldn’t they be? So why the whining about that?
The problem will never be solved until the dialogue includes reality, not flawed assumptions.

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3.

HVB
Jul 31, 2009 7:57 AM CST

Last week, I got my water bill and it was twice as high as the previous month’s. I concluded this was caused by the return of my two children from college, and the increase of showers, dishes and laundry, plus a little watering the garden.  Mystery solved.
Then I recieved another bill, correcting the first because the meter had been read twice; the new bill was on line with last month’s.
The notions that “dominant males” get origination credit b/c of their gender and that “gender bias” is the CAUSE of disparity are conclusions that are as invalid, but appealing,  as mine was about the cause of the increased water bills. 
It is not a “white man’s voice” you hear; it is the voice of business operating in the real world.

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4.

A. Non
Jul 31, 2009 7:59 AM CST

Mr. Baxendale:  Here’s reality for you.  Male lawyers are not born knowing how to bring in business.  For most, the business that gives them the experience they need to build their reputations (and ability to bring in their own business), like leading roles in trials and transactions, is GIVEN TO THEM BY OTHER MALE LAWYERS.  I am a female at an AmLaw 100 firm.  I am the sole breadwinner for a family of four.  I have been a partner for five years. I consistently exceed the stated hours requirements at my firm.  I am not afraid to work 2700 hours a year, both billing and promoting our practice. My pay has not increased for the last three years, while other males in my cohort have gotten significant increases. My “leadership” hasn’t cared a bit about helping me get the lead counsel experience that their mentors gave them.  They’ve been much more concerned about channeling work to the five male laterals we hired into my group right after I was promoted. I was told they would bring in clients, and that would be good for me.  Baloney (this is a polite chat, after all).  They got all the internal referral work, so they could be “integrated successfully”.  They brought in nothing new.  But they took all my work, and all my money.

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5.

B Non
Jul 31, 2009 8:41 AM CST

A-Non, I hate to say it, but your situation frequently occurs with bad lateral hires - regardless of the gender of the non-laterals. The powers that be see the locals as the kids to whom they have taught the ropes and the laterals as coming in fully formed. THen the P.T.B.s need to justify the lateral hire and keep the laterals fed. As HVB noted you have seen a problem, but gender is probably not the cause. I as a male with 20 yrs in have seen this happen quite often.

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6.

Mr. Slate
Jul 31, 2009 8:59 AM CST

Now stop you lolligagging and get me a fresh cup. I’ll have mine black, like my heart!

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